Meredith Kercher Trial - English Translation of Findings

[Big Phil]

http://www.seattlepi.com/dayart/pdf/Massei_Report.pdf

It's really interesting to read the judge's conclusions (I've only read the "executive summary," starting on page 357), but in a nutshell, he believes that:

1. Knox, Sollecito, and Guede knew each other previously
2. Knox and Sollecito were at Knox's house, being "intimate"
3. Guede was there as well, and "overcome by lust," attacked Meredith Kercher
4. Knox and Sollecito assisted Guede in raping and killing Kercher, and that their drug use was a contributory factor
5. There is DNA evidence on a bra clasp that puts Sollecito in the room with Kercher and Guede
6. There is DNA evidence that Guede did rape Kercher

What I find most fascinating is the apparent motive for the murder, the reasons behind the judges decision, and the prosecutor's theory of the case. It seems as if the judge doesn't believe the prosecutor's sex game theory, but instead put together his own theory for the motive. From a legal perspective (at least for an American), I find that really unusual.

What's most interesting is what's not in the report (at least not in the executive summary):

* No cartwheels in prison
* No laughing and giggling outside the murder scene
* No hatred and ill will between Knox and Kercher
* No apparent motive for the murder (other than a bad combination of hormones and drugs)
* No break-in
* Knox isn't the murderous succubus described in the press, just a girl who made some bad decisions

In other words, according to the judge, Knox and Sollecito decided to help Rudy Guede rape Meredith Kercher because they themselves were horny and drugged out, then felt bad about what they did and tried to cover up the crime. It's not the strangest motive for murder, but I do think it's a stretch. In any case, take a gander at this translation and feel free to comment. Guilty, not guilty, is she truly a sociopath or is that media hype?

[Thanas]

Well, first of all, I appreciate that your tone changed much from the earlier thread on this. I believe "show trial driven by politics" were your words back then. So, Kudos for that.

What I find most fascinating is the apparent motive for the murder, the reasons behind the judges decision, and the prosecutor's theory of the case. It seems as if the judge doesn't believe the prosecutor's sex game theory, but instead put together his own theory for the motive. From a legal perspective (at least for an American), I find that really unusual.

It is not unusual, in fact this is pretty par the course for any inquisitorial system. And I have to say that "stoners do stupid and vile stuff when stoned" sounds a lot more realistic than "wicked sex game".

In other words, according to the judge, Knox and Sollecito decided to help Rudy Guede rape Meredith Kercher because they themselves were horny and drugged out, then felt bad about what they did and tried to cover up the crime. It's not the strangest motive for murder, but I do think it's a stretch.

Why? I have read about drugged out people doing stranger things.

In any case, take a gander at this translation and feel free to comment. Guilty, not guilty, is she truly a sociopath or is that media hype?

After reading through the forensic evidence and the DNA part, I feel very much vindicated in my original assertion back then - that the Italians did a competent job (even if they postponed the autopsy on the body), that the DNA evidence is conclusive enough (a far cry from comments made in the original thread where it was suggested the Italians manufactured it to cover up their mistakes to avoid losing face or that the Italians had no evidence at all) and that Knox is guilty of the charges.

I also feel vindicated that the idiots who back then suggested that the police forced her to make the false accusations can go take a hike now. Can't remember if that was in the media or on this board though.

So to my mind, unless the appeal discovers great flaws in the decision, I think it is fair to say that it was a good one. Basically any counterargument so far seems to be along the lines of "I can't believe they would do such things", which seems to be a bit naive seeing how human beings have done far worse things.

[Big Phil]

I think there's a huge disconnect between the various audiences (US, Italian, British, rest of Europe/world). For one thing, American audiences are expecting the prosecutor to be the one responsible for making a plausible case. In my (and many American's) opinion, he failed to do this when he launched into his elaborate Satanic sex game theory. In Italy, it's apparent that the judge and jury can pretty much make up their own mind about what happened, and don't have to pay any attention to either the prosecution or the defense. And I think that's what happened to a large extent.

Then there's the element of nationalism, with the Brits wanting Knox/Sollecito to be punished for the crime, Europeans wanting someone punished, Americans thinking she's innocent, and Italians seemingly alternating between "Yay! Look at us!" and "Oh please why won't that fucking prosecutor shut up with his fucking satanism and sex games theory." Having actually read the findings all the way through, I'm still amazed at the number of people who busily say "SHE'S GUILTY!!!" or "SHE'S INNOCENT!!!" based off of things reported in the tabloids three years ago that weren't ever considered by the judges. Lots of the salacious and potentially damning "evidence," such as cartwheels in prison, laughing at the murder scene, roommates fighting, etc., never occurred, or at least the judges didn't deem there to be any evidence that they occurred, regardless of what the tabloids reported.

At the end of the day, looking at this from an American perspective, Knox and Sollecito should be walking free, as the prosecutor didn't make any sort of coherent case for her guilt. From an Italian perspective, however, the judges (on the other hand) did put forth a coherent and logical case, albeit circumstantial in many places. But of course, many people have been convicted on less evidence, so I can't really say I'm surprised at the guilty verdict given the preponderance of the evidence.

[xt828]

I would imagine that it's similar to Australian reactions to the Corby and Bali Nine drug trafficing cases in Indonesia, where the biggest problem is a lack of understanding of the differences in process between the Common Law system, common in former British colonies, and the Civil Law system, common in Europe and former European colonies. The newspapers and media here made absolutely no attempt to explain the difference, and left many people that I talked to at the time with the impression that the judges had it in for them because they were acting in a role quite different to the one they assume here.

[Stark]

Oh man, the continuing fascination of Today Tonight with a bogan drug trafficker just because she's imprisoned by TEH DARKIZ never fails to get a laugh.

Regarding this case, I have to agree that much of what I've read in the media is based on an unfamiliarity with civil law combined with regular media distortion.

[Thanas]

An update:

Link to BBC.

The parents of jailed US student Amanda Knox have been ordered to stand trial by a court in the Italian city of Perugia for libelling the police.

The couple told a newspaper that their daughter was abused by police during their investigation into the murder of British student Meredith Kercher.

Knox is currently serving a 26-year sentence in an Italian jail for the 2007 murder of her flatmate.

Perugia's police deny the accusations by Curt Knox and Edda Mellas.

Their trial is due to begin on 4 July.

The charge stems from an interview they gave to Britain's Sunday Times two years ago in which they said their daughter had - after arrest - been refused an interpreter, deprived of food and water, and physically and verbally abused by the police.

The couple are also accused of falsely claiming that Knox was hit on the head by a policeman and threatened with violence if she asked for a lawyer.

Knox, 23, is currently appealing against her conviction in 2009 for the murder of Ms Kercher, 21, a Leeds university student who came from south London, at their shared house.

Her defence team maintains that the DNA evidence in the case was inconclusive and has argued it may have been contaminated when analysed.

Knox's former boyfriend, Raffaele Sollecito, received a 25-year sentence for the murder in Perugia, southern Italy, in 2007.

Ivorian drug dealer Rudy Guede has already had his 30-year sentence for involvement in the killing reduced to 16 years on appeal.